RAJU Vs. STATE OF M.P.

JUDGEMENT

(1.) Invoking the appellate jurisdiction of this Court under Sec. 374 of the Code of Criminal Procedure, 1973, the present appeal has been filed against the judgment of conviction and sentence dtd. 10/4/2000 passed by the learned 15th Additional Sessions Judge, District-Indore in Sessions Trial No. 51/1994, whereby the appellant has been convicted under Sec. 326 of IPC and sentenced to undergo 5 years R.I.

(2.) Precisely the prosecution story is that the complainant Santosh Tiwari (P.W.-1) and Vijay Kumar (PW-4) are friend to each other. On the date of incident, Santosh Tiwari came to meet Vijay and both were going to their house. As and when, they reached Sanjay Nagar Triangle, all three accused persons came and after stopping them, demanded money from Vijay. In turn, Santosh Tiwari denied to give money, on which accused persons threatened and abused him and on being stopped by the Santosh Tiwari, accused Raju caught Santosh Tiwari and assaulted on his left thigh with knife. Other accused persons had also assaulted Santosh Tiwari due to which he received life threatening injuries. On account of this, F.I.R. was lodged against the accused persons under Ss. 341, 294, 307 read with Sec. 34 of I.P.C. and under Sec. 25/27 of Arms Act.

(3.) During the investigation, spot map was carried out. Seized articles were sent to Forensic Laboratory and after recording of statements of witnesses under Sec. 161 of Cr.P.C., the charge-sheet was filed before the Judicial Magistrate First Class and the matter was committed to the Court of Sessions.